Deepu vs State of Kerala

DEEPU vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 22, 2023

~3 min read

https://sooperkanoon.com/case/1345651

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1345651
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Dec 22, 2023
Case Number: Crl.MC/4864/2016

Parties & Advocates

Appellant / Petitioner

DEEPU

Respondent

State of Kerala

Excerpt

.....dated this the 22nd day of december, 2023orderthe above crl.m.c is filed with following prayers: “1. quash the annexure-a1 final report in c.c.no.1088/2010 of judicial first class magistrate court-ii, neyyattinkara arising from crime no.598/2009 of parassala police station, thiruvananthapuram district.2. grant such other relief deemed fit to this hon’ble court.” (sic)2. when this crl.m.c came up for consideration, this courtdirected the registry to get a report from the trial court about the present stage of the case. the learned magistrate submitted a report, in which it is stated that accused nos. 2 to 7 appeared and their case is already disposed of and the case of the 1 st accused is still pending. if that be so, this crl.m.c need not be retained here. the 1 st accused/1st petitioner can appear before the court and contest the case in the light of the fact that the other accused were already acquitted. -4- granting liberty to the 1st petitioner to approach the trial court and raise all contentions, this crl.m.c is closed. sd/- p.v.kunhikrishnan judge das -5- appendix of crl.mc 4864/2016 petitioner annexures annexure a1 true copy of the final report in c.c.no.1088/2010 of jfcm-11, neyyattinkara. annexure a2 true copy of the affidavit filed by the 2nd respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 CRL.MC NO. 4864 OF 2016 CRIME NO.598/2009 OF Parassala Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT CC 1088/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,NEYYATTINKARA PETITIONER/S:
1 DEEPU, AGED 21 YEARS, S/O.DEVAPALAN,VAZHUTHOOR JUNCTION, PERUMBAZHATHOOR VILLAGE,THIRUVANANTHAPURAM DISTRICT. 2 MANU, AGED 21 YEARS, S/O.MANIYAN,MADATHUMVILAKOM VEEDU, NEAR ALATHAMKAL SNDP MANDIRAM,CHENGAL VILLAGE, THIRUVANANTHAPURAM DISTRICT. 3 VIJEESH, AGED 21 YEARS, S/O.AYYAPPANASARI,PANAVILA ROADARIKATHU VEEDU,OPPOSITE KUNNAVILA RC CHURCH,CHENGALA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 4 ABHILASH, AGED 21 YEARS, S/O.MANOHARAN,PUTHRATHALA VEEDU, VARIKKAMATOM VILA,KOLLAYIL VILLAGE, THIRUVANANTHAPURAM 5 JISHNU, AGED 21 YEARS, S/O.KUMARAN NAIR, VEENA BHAVAN,VEERANAKKAVU PRIMARY HEALTH CARE CENTRE,VEERANAKKAV VILLAGE, THIRUVANANTHAPURAM 6 AJITH, AGED 21 YEARS, S/O.AJITH,PADAPURATHU MELE VEEDU, KOLLAYIL VILLAGE,THIRUVANANTHAPURAM 7 VISHNU, AGED 20 YEARS, S/O.VASAVAN,NEDUVANVILA COLONY VEEDU, PARASALA VILLAGE,THIRUVANANTHAPURAM BY ADV SRI.P.ANOOP (MULAVANA) -2-
RESPONDENT/S: STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. LENIN JOSE, AGED 26 YEARS, S/O. JOSE, PLANGALAVILA PUTHEN VEEDU, NEAR OORUTTUKALA TEMPLE, ATHIYANNOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT 695 001. BY ADV SRI.P.A.JACOB OTHER PRESENT: SMT SREEJA V, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -3-
P.V.KUNHIKRISHNAN, J.
====================================================== ============================================================= Dated this the 22nd day of December, 2023

ORDER

The above Crl.M.C is filed with following prayers: “1. Quash the Annexure-A1 Final Report in C.C.No.1088/2010 of Judicial First Class Magistrate Court-II, Neyyattinkara arising from Crime No.598/2009 of Parassala Police Station, Thiruvananthapuram District.

2. Grant such other relief deemed fit to this Hon’ble Court.” (sic)

2. When this Crl.M.C came up for consideration, this Court

directed the registry to get a report from the trial court about the present stage of the case. The learned Magistrate submitted a report, in which it is stated that accused Nos. 2 to 7 appeared and their case is already disposed of and the case of the 1 st accused is still pending. If that be so, this Crl.M.C need not be retained here. The 1 st accused/1st petitioner can appear before the court and contest the case in the light of the fact that the other accused were already acquitted. -4- Granting liberty to the 1st petitioner to approach the trial court and raise all contentions, this Crl.M.C is closed. Sd/- P.V.KUNHIKRISHNAN JUDGE das -5- APPENDIX OF CRL.MC 4864/2016 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN C.C.NO.1088/2010 OF JFCM-11, NEYYATTINKARA. ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.

Same Court & Year Kerala · 2023 Same Parties DEEPU vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan